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2025 DAILYLAW 22240 (GAU)

MAGMA HDI GENERAL INSURANCE COMPANY LTD v. SHWAFIYA KHATUN AND 4 ORS

MACApp./6/2025 · 2025-06-13

Sanjay Kumar Medhi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010275042024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./6/2025 MAGMA HDI GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK STREET, KOLKOTA-700016 AND A REGIONAL OFFICE AT BLOCK 3B, B201- 202 ECOSPACE AREA 110, NORTH TWENTY FOUR PARGANA, WEST BENGAL AND A BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH SARANIA, G.S. ROAD, GUWAHATI-781007. VERSUS SHWAFIYA KHATUN AND 4 ORS W/O. LATE MOFIDUL ISLAM 2:HAJERA KHATUN W/O. ASHRAB ALI 3:ABIDA KHATUN D/O. LATE MOFIDUL ISLAM 4:SAFIR UDDIN S/O. LATE MOFIDUL ISLAM 5:MORIUM BIBI D/O. LATE MOFIDUL ISLAM ALL RE R/O. VILL. GEHUA CHALCHALI P/S. RUPAHIHAT DIST. NAGAON ASSAM PIN-782125. Page No.# 2/4 RESPONDENT NO. 3 TO 5 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1 6:FOZLUL HOQUE S/O. ROFIQUL ISLAM R/O. VILL. KANCHANPUR P/S. RUPHIHAT DIST. NAGAON ASSAM PIN-78212 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR A N IQBAL (R1-R5), R HAQUE (R1-R5) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 14.06.2025 The appeal has been filed by the appellant – Magma HDI General Insurance Company Ltd. (Insurance Company) against the judgment and award dated 20.09.2024 passed by the Learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No. 264/2021. Out of the awarded amount, Rs.10,28,660/- has already been paid but not withdrawn. 2. Md. Imran Ali, Assistant Manager of the Insurance Company and the claimant No.1 – Shwafiya Khatun, claimant No. 2 – Hajera Khatun, claimant No. 3 – Abida Khatun, claimant No. 4 – Safir Uddin and claimant No. 5 – Morium Bibi (claimant nos. 3 to 5 are children of the deceased) along with their learned counsel, Shri AN Iqbal are present today i.e., 14.06.2025 in the National Lok Adalat. Page No.# 3/4 3. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.20,00,000/- has been agreed upon. 4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.9,71,340/- being the full and final settlement before the Registry of this Court within a period of 45 days from today. 5. The manner of release of the entire amount of would be in the following terms: i) Out of the aforesaid amount of Rs.20,00,000/-, Rs.12,00,000/- is directed to be released to the claimant No. 1 – Shwafiya Khatun (wife of the deceased); Rs.2,00,000/- is directed to be released to the claimant No. 2 – Hajera Khatun (mother of the deceased); Rs.2,00,000/- each is directed to be deposited in a Fixed Deposit scheme in the names of claimant No. 3 – Abida Khatun, claimant No. 4 – Safir Uddin and claimant No. 5 – Morium Bibi (claimant nos. 3 to 5 are children of the deceased), who are minors to be represented by their mother, in any nationalized bank for a period of 3 years with a renewable clause. 6. The claimant Nos. 1 and 2 would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel. 7. The appeal stands disposed of. 8. The statutory deposit of Rs.25,000/- made by the Insurance Company at Page No.# 4/4 the time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days. 9. Send back the LCR, if any. JUDGE Comparing Assistant